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6 Jun 2016, 6:19 am by Joy Waltemath
” According to the Supreme Court, “silence does not displace the background rule that a court has discretion to award costs. [read post]
25 Jun 2014, 5:02 pm by Stephen Bilkis
Prior to questioning, a suspect must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed'. [read post]
20 Mar 2020, 7:09 am by Matthew L.M. Fletcher
Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt? [read post]
21 May 2016, 6:15 pm by Steve Sheinberg
”  The law likely does not preempt state law generally, and is specifically not intended to “conflict with an applicable State law prohibiting restraints on the practice of a lawful profession, trade, or business. [read post]
5 Jan 2012, 4:54 am
The Court does not credit Defendant’s attempts to refute this testimony based on the short distance to the kitchen. [read post]
1 May 2012, 11:59 am by Bryan Thompson
Because the right to confrontation includes the ability to see and hear witnesses testify, any “innovation” that prevents the defendant from hearing and seeing the testimony would impede their ability to help in cross-examination and violates the confrontation clause.While a violation of confrontation rights does not mean an automatic reversal, the Second District found that defendant was completely deprived of these rights because he was unable to ever hear… [read post]
25 Aug 2012, 10:37 am
Goldstein does not address the visibility of the scar on the bridge of Plaintiff's nose, nor does he address the possibility of improvement with treatment. [read post]
29 Jun 2011, 9:00 pm
  A criminal defendant's right to remain silent does not go out the door through a conviction following a guilty plea or trial. [read post]
22 May 2008, 9:00 pm
 If you are a lawyer who is defending or has defended such cases -- or if you know of such lawyers -- please let me know. [read post]
13 Apr 2022, 5:06 pm by Mavrick Law Firm
If “an employer proves that the employee has not made reasonable efforts to obtain work, the employer does not have to establish the availability of substantially comparable employment. [read post]
4 Feb 2016, 5:35 am by Joy Waltemath
While federal circuit and district courts overwhelmingly agree that a plaintiff may only sue a defendant under Title I of the ADA if the plaintiff is the defendant’s employee rather than an independent contractor, the Fifth Circuit, in an issue of first impression, ruled that Section 504(d) of the Rehabilitation Act does not incorporate this prohibition on employment discrimination suits. [read post]
24 Aug 2016, 7:01 am by Ray Beckerman
Doe, EDNY 15-3504, Judge Locke has denied the defendant's motion to quash, and lifted the stay on all of the EDNY Malibu Media cases, which had all been consolidated. [read post]
16 Jul 2007, 1:16 pm
"He does have an argument," said Stephen Gillers, a law professor at NYU. [read post]
7 Aug 2009, 3:52 pm
The Court of Appeals of Georgia has held that a police officer may not testify as to statements made by a co-defendant which implicate the defendant when the statements are gathered during the course of the investigation, and the defendant does not have an opportunity to cross-examine the co-defendant. [read post]